July 2, 2019
NOTICE
SPECIAL BOARD MEETING – THURSDAY, JULY 11, 2019
SUBJECT: THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS SPECIAL MEETING – THURSDAY, JULY 11, 2019
The Los Angeles Board of Harbor Commissioners are scheduled to meet for a Special Board Meeting on Thursday, July 11, 2019 - no sooner than 9:30am or directly following the Appeal Hearing regarding Coastal Development Permit 18-25 at 9:00am. Both meetings are scheduled at the following location:
Cruise Terminal Baggage Handling Facility
(Gray Dome Adjacent to the Battleship IOWA)
250 S. Harbor Blvd.
San Pedro, CA 90731
Note, this Special Meeting was scheduled in lieu of the previously scheduled Regular Meeting at the Harbor Administration Building (HAB) - same date.
Please check website for details at www.portoflosangeles.org.
AMBER M. KLESGES
Commission Secretary
Los Angeles Board of Harbor Commissioners
Cruise Terminal Baggage Handling Facility
250 S. Harbor Blvd.
San Pedro, California 90731
SPECIAL MEETING AGENDA
THURSDAY, JULY 11, 2019 NO SOONER THAN 9:30 A.M. OR DIRECTLY FOLLOWING THE PUBLIC APPEAL HEARING AT 9:00 A.M.
Board of Harbor Commissioners
President Jaime L. Lee
Commissioner Diane L. Middleton
Commissioner Lucia Moreno-Linares
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
ORDER OF BUSINESS
OPEN SESSIONA. Roll Call
CLOSED SESSION
B. Closed Session Items
1. CONFERENCE WITH LEGAL COUNSEL – INITIATE LITIGATION
(Subdivision (d)(4) of Government Code Section 54956.9)
Initiation of litigation pursuant to subdivision (d)(4) of Section 54956.9:
(one case)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (one case)
OPEN SESSION
C. Executive Director Remarks
D. Comments from the Public on Non-Agenda Items
E. Report from the Neighborhood Council Representatives – An opportunity for a Neighborhood Council to present a Resolution or Motion filed with the Los Angeles Harbor Department to be presented to the Board as it relates to any agenda item being considered or under the purview of the Harbor Department.
F. Reports of the Commissioners
G. Board Committee Reports
None.
H. Approval of the Minutes
1. Regular Meeting of June 6, 2019
2. Continuation of the Appeal Process CDP No. 18-25 of June 20, 2019
3. Special Meeting of June 20, 2019
I. Presentation
None.
J. Level I Coastal Development Permit
None.
K. Board Reports of the Executive Director
Consent Item Nos. (1 – 3)
Port Police
1. RESOLUTION NO. __________ - AGREEMENT BETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND COMSITE PACIFIC, INC., dba PEGASUS TELECOMMUNICATIONS CONSULTING GROUP FOR PORT POLICE RADIO SYSTEM CONSULTING SERVICES
Transmittal 1
Transmittal 2
Summary: Staff requests approval of an Agreement with Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group (Pegasus), Santa Maria, CA, to provide radio system consulting services to the City of Los Angeles Harbor Department (Harbor Department). Approval of this Agreement is requested to assist the Los Angeles Port Police (Port Police) with the management of project implementation activities associated with a major system upgrade/replacement to the police radio system and to provide expertise in the areas of system design, quality assurance, system performance, testing, and system cutover, as well as acceptance stages. Additionally, Pegasus will assist with the associated Federal Communications Commission (FCC) radio frequency licensing coordination and radio interference mitigation. This action will authorize a three-year contract term for an amount not to exceed Two Hundred Forty Thousand Dollars ($240,000). This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided herein are of a professional, expert, technical, and of a temporary and occasional character, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the work being proposed for contracting; (3) award the three-year agreement to Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Transmittal 1
Transmittal 2
Summary: Staff requests approval of an Agreement with Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group (Pegasus), Santa Maria, CA, to provide radio system consulting services to the City of Los Angeles Harbor Department (Harbor Department). Approval of this Agreement is requested to assist the Los Angeles Port Police (Port Police) with the management of project implementation activities associated with a major system upgrade/replacement to the police radio system and to provide expertise in the areas of system design, quality assurance, system performance, testing, and system cutover, as well as acceptance stages. Additionally, Pegasus will assist with the associated Federal Communications Commission (FCC) radio frequency licensing coordination and radio interference mitigation. This action will authorize a three-year contract term for an amount not to exceed Two Hundred Forty Thousand Dollars ($240,000). This contract is the financial responsibility of the Harbor Department.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) find that in accordance with the Los Angeles City Charter Section 1022, the services to be provided herein are of a professional, expert, technical, and of a temporary and occasional character, and there are no known Harbor Department personnel or current City job classifications with the expertise to perform the work being proposed for contracting; (3) award the three-year agreement to Comsite Pacific, Inc., dba Pegasus Telecommunications Consulting Group; (4) authorize the Executive Director to execute and the Board Secretary to attest to the Agreement; and (5) adopt Resolution No.____________.
Office of the City Attorney
2. RESOLUTION NO.____________ - APPOINTING EXECUTIVE DIRECTOR EUGENE D. SEROKA TO THE GOVERNING BOARD OF THE ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY
Recommendation: Board resolve to (1) adopt subject Resolution No._____________.
Recommendation: Board resolve to (1) adopt subject Resolution No._____________.
Office of the City Attorney
3. RESOLUTION NO.____________ - RESOLUTION APPOINTING EUGENE D. SEROKA AS MEMBER AND ANTONIO GIOIELLO AS ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE INTERMODAL CONTAINER TRANSFER FACILITY JOINT POWERS AUTHORITY
Recommendation: Board resolve to (1) adopt subject Resolution No._____________.
Recommendation: Board resolve to (1) adopt subject Resolution No._____________.
Regular Item Nos. (4 & 5)
Waterfront & Commercial Real Estate
4. RESOLUTION NO._____________ ORDERS RESETTING COMPENSATION UNDER PERMIT NOS. 712 AND 713 WITH SHORE TERMINALS LLC
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of Orders resetting compensation with Shore Terminals LLC, a wholly-owned subsidiary of NuStar Energy L.P. (collectively referred to as NuStar) under Permit Nos. 712 and 713. The proposed compensation reset is for the five-year period of June 25, 2019 through June 24, 2024, for use of Berths 163-164 in Wilmington, as a marine oil terminal. Permit Nos. 712 and 713 have been on affirmative holdover since June 2014. Currently, NuStar pays applicable wharfage and dockage charges under Tariff No. 4, as well as land rent of $315,850.73 per quarter under Permit Nos. 712 and 713. In calendar year 2018, NuStar paid wharfage and dockage charges of $487,447.35, as well as land rent of $1,263,402.92 for aggregate calendar year 2018 compensation of $1,750,850.27. Under the proposed Orders, land rent would increase to $404,172.60 per quarter, or $1,616,690.40 annually, and would represent an annual increase of $353,287.48 relative to the land rent paid in calendar year 2018. In addition, NuStar would continue paying applicable wharfage and dockage charges under Tariff No. 4. Permit Nos. 712 and 713 does not have a provision for annual Consumer Price Index (CPI) adjustments. However, staff is in the process of negotiating a new 30-year permit in which CPI increases are being negotiated.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Orders resetting compensation under Permit Nos. 712 and 713 with Shore Terminals LLC; (3) authorize the Board Secretary to attest to the Orders resetting compensation under Permit Nos. 712 and 713; and (4) adopt Resolution No.___________ and Order Nos._________________.
Transmittal 1
Transmittal 2
Transmittal 3
Transmittal 4
Summary: Staff requests approval of Orders resetting compensation with Shore Terminals LLC, a wholly-owned subsidiary of NuStar Energy L.P. (collectively referred to as NuStar) under Permit Nos. 712 and 713. The proposed compensation reset is for the five-year period of June 25, 2019 through June 24, 2024, for use of Berths 163-164 in Wilmington, as a marine oil terminal. Permit Nos. 712 and 713 have been on affirmative holdover since June 2014. Currently, NuStar pays applicable wharfage and dockage charges under Tariff No. 4, as well as land rent of $315,850.73 per quarter under Permit Nos. 712 and 713. In calendar year 2018, NuStar paid wharfage and dockage charges of $487,447.35, as well as land rent of $1,263,402.92 for aggregate calendar year 2018 compensation of $1,750,850.27. Under the proposed Orders, land rent would increase to $404,172.60 per quarter, or $1,616,690.40 annually, and would represent an annual increase of $353,287.48 relative to the land rent paid in calendar year 2018. In addition, NuStar would continue paying applicable wharfage and dockage charges under Tariff No. 4. Permit Nos. 712 and 713 does not have a provision for annual Consumer Price Index (CPI) adjustments. However, staff is in the process of negotiating a new 30-year permit in which CPI increases are being negotiated.
Recommendation: Board resolve to (1) find that the Director of Environmental Management has determined that the proposed actions are administratively exempt from the requirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City CEQA Guidelines; (2) approve the Orders resetting compensation under Permit Nos. 712 and 713 with Shore Terminals LLC; (3) authorize the Board Secretary to attest to the Orders resetting compensation under Permit Nos. 712 and 713; and (4) adopt Resolution No.___________ and Order Nos._________________.
Environmental Management
5. RESOLUTION NO. _______________ - ADOPTION OF THE FINAL INITIAL STUDY/ NEGATIVE DECLARATION AND APPROVAL OF THE BERTHS 206-209 CHASSIS DEPOT AND REPAIR FACILITIES (LOS ANGELES HARBOR DEPARTMENT APPLICATION FOR PORT PERMIT NOS. 180515-080 AND 180628-112; STATE CLEARINGHOUSE NO. 2019049132)
Transmittal 1
Summary: Staff requests adoption of the Final Initial Study/Negative Declaration (IS/ND) for the proposed Chassis Depot and Repair Facilities Project to be located at Berths 206-209 (Project) along with comments and responses to comments, and approval of the proposed Project as described in the Final IS/ND. The proposed Project includes the use of two existing warehouses for chassis depot, chassis storage, maintenance and repair operations. Payment of the costs associated with drafting this California Environmental Quality Act (CEQA) document will be the ultimate responsibility of the tenants.
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project) (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including (a) the information contained in this report and (b) the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project), the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) find that no new information was added to the Final Initial Study/Negative Declaration after the public review period and that recirculation is not necessary; (4) adopt the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project); (5) authorize the Environmental Management Division to file the Notice of Determination for the Berths 206-209 Chassis Depot and Repair Facilities Project with the Los Angeles City and County Clerks; and (6) adopt Resolution No._____________.
Transmittal 1
Summary: Staff requests adoption of the Final Initial Study/Negative Declaration (IS/ND) for the proposed Chassis Depot and Repair Facilities Project to be located at Berths 206-209 (Project) along with comments and responses to comments, and approval of the proposed Project as described in the Final IS/ND. The proposed Project includes the use of two existing warehouses for chassis depot, chassis storage, maintenance and repair operations. Payment of the costs associated with drafting this California Environmental Quality Act (CEQA) document will be the ultimate responsibility of the tenants.
Recommendation: Board resolve to (1) find that, pursuant to the State California Environmental Quality Act (CEQA) Guidelines Section 15074, the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project) (a) has been completed in compliance with the State CEQA Guidelines and the Los Angeles City CEQA Guidelines; (b) was presented to the Board for review and was reviewed and considered by the Board prior to approving the proposed Project; and (c) reflects the independent judgment and analysis of the City of Los Angeles Harbor Department as the Lead Agency; (2) find that, based on the whole record before it, including (a) the information contained in this report and (b) the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project), the proposed Project would not have a significant effect on the environment pursuant to Public Resources Code Section 21080 and State California Environmental Quality Guidelines Section 15070; (3) find that no new information was added to the Final Initial Study/Negative Declaration after the public review period and that recirculation is not necessary; (4) adopt the Final Initial Study/Negative Declaration for the Berths 206-209 Chassis Depot and Repair Facilities (Project); (5) authorize the Environmental Management Division to file the Notice of Determination for the Berths 206-209 Chassis Depot and Repair Facilities Project with the Los Angeles City and County Clerks; and (6) adopt Resolution No._____________.
L. Adjournment